Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-04-29
COURT OF APPEALS.

John p. White, presiding Judge; j. NJ Hurt
and Sam A Wilson, judges; James l. White,
clerk; w. L Davidson, assistant attorney
general; NJ. NJ. johnson, bailif
f. NJ. Tillman ct al VS.. Kansas City
DistilIing Company, from Dallas county;
opinion by Hurt, J. Under a contract Of
sale on ninety days credit appellees
shipped Simmons & CO. of Dallas five
barrels of whisky. The whisky was held
In the depot two weeks, and on Septem-
Der % was taken therefrOm under an at
tachmeut sued out by appellants. The
officer levving the attachment paid the
freights. Possession was held under at
tachment until September 81, when it was
released, and another writ in the
same case Immediately levied. Sale
was made under order OF court and pro
ceeds paid to appellant. While the goods
were held under the first attachment,
one MarOney gave the officer notice of
stOppage in transitu on behalf OF ap-
pellees and on September % appellees
ratified this action. MarOney then gave
notice to the railway agent who notified
the officer to return the goods. The in
solvency of Simmons & Co., is fully
shown. Appellee sued plaintiff in attach
ment Joining the sheriff. If the railway
held as carrier appellee had the right Of
stoppage in transitu; if as ware
houseman the right was lost
The case is strictly analogous to the case
of Stewart & Co. VS.. Moore & 20. 2 Will
son, 1877 !, in which it was held that the
right had not been lost. The judgment is
therefore affirmed.
Luke Short VS.. State, from Tarrant
county; opinion By. Wilson, j..
1t was charged in the Indictment that
appellant did "unlaWfully bet and wager
at a certain faro bank" This sufficiently
charges the offense. as "farO" is one Of
the banking games specified in the statute.
There is a clerical error in entering the
Judgment as g. "fne of So" etc, when
the verdict called for fine of
$40. We correct this error, and thus re-
formed the Judgment is affirmed.
Minnie J. Wilson eft al. VS.. Gulf, Colo
RADIO and Santa Fe Railway Company,
from Tarrant county; opinion by Wilson,
J. This case is substantially the same as
Haney VS.. Appellee, decided few days
ago by this court, and we refer to the
opinion in that case. There is good
cause of action and court erred in sus-
tanning e1cS ptions to appellants petition,
wherefore the judgment is reversed and
the cause remanded.
NJ. A Paxton VS.. Gulf, Colorado and
Santa Fe Railway Company, from Tar
rant county; opinion Dy Wilson, j.
This is another case similar to that of
Haney vs.. appellee. There was good
cause Of action in the petition and the
court erred in dismissing it. The judg
ment is therefore reversed and the cause
remanded.
II. Chowming Aduer vs.. W. L. Cord Oh,
from Wilbarger county; o pinion by
Hurt, J. This was g suit by appellee to
recover fee for services as attorney rem
dered j. W. Chowming during his life
time Appellant plead general denial
and that appellee abandoned one of the
cases. The court erred in allowing appel
lee to testify as to his employment in one
case, but this did not work appellant any
injury, as it was fully proved by other
evidence. The claim is fully proven and
the Judgment is affirmed.